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Board of Veterans' Appeals
The Board of Veterans Appeals (often referred to as the BVA or simply the Board) is an administrative tribunal within the United States Department of Veterans Affairs, located in Washington, D.C. History The Board of Veterans Appeals was established in July 1933.United States Department of Veterans Affairs, VA History in Brief, p. 12. It was given authority to hear appeals on benefit decisions. Members were appointed by the Administrator with the approval of the President. Membership The Board has as many members as the Secretary of the Department of Veterans Affairs deems "necessary in order to conduct hearings and dispose of appeals properly before the Board in a timely manner".38 U.S.C. § 7101(a). Board members are appointed by the Secretary, with the approval of the President.Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing 38 U.S.C. §7101A. The one exception is the Chairman of the Board, who is appointed to a six year term by the President of the United States, and confirmed by the United States Senate.38 U.S.C. § 7101(b)(1). As of 2012, the Board consisted of 64 members.Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2012 (2013), page 19. Members of the Board are typically "experienced attorneys in the field of veterans law".Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3. Staff attorneys, also trained in veterans law, review the facts of each appeal and assist the Board members.Board of Veterans Appeals.38 U.S.C. §§ 7103, 7104. Procedure When a claimant's application for benefits has been denied by a Regional Office, an appeal can be made to the Board of Veterans' Appeals (BVA or Board).Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing 38 U.S.C. §7104(a). The BVA is part of the Department of Veterans Affairs, located in Washington, DC, and makes the final determination on an appeal within the VA. These Board members make the ultimate conclusion on appeals within the VA. The BVA also employs staff attorneys that assist the Board members while preparing a decision for a claim, much like a clerk for a judge.Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing BOARD OF VETERANS' APPEALS, VAPAMPHLET 01-00-1, UNDERSTANDING THE APPEALS PROCESS (2000), page 6. The Board received and docketed 49,611 appeals in the 2012 fiscal year,Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2012, (2013), page 16. and anticipated the docketing of 54,033 claims in the 2013 fiscal year.Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing BOARD OF VETERANS' APPEALS, REPORT OF THE CHAIRMAN: FISCAL YEAR 2012, (2013), page 19. Decisions of the Board may be appealed to the United States Court of Appeals for Veterans Claims,Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 3, citing 38 U.S.C. §§7252, 7266. and from there to the United States Court of Appeals for the Federal Circuit.Daniel T. Shedd, "Overview of the Appeal Process for Veterans' Claims", Congressional Research Service Report 7-5700 (April 29, 2013), page 4, citing 38 U.S.C. §7292. Process of Filing an Appeal with the Board The process of appealing an unfavorable decision consists of three (3) steps: # First the veteran submits a Notice of Disagreement or NOD to the Veterans Benefits Administration (VBA) using VA Form 21-4138. # The VBA subsequently sends the veteran (and his or her representative, such as a Veterans Service Officer and/or attorney), a Statement of the Case. # After reviewing the VBA's Statement of the Case, the veteran, usually via his or her attorney, claims agent, or Veterans Service Officer, files a formal notice of appeal (on VA Form 9, Appeal to Board of Veterans' Appeals) with the Board. References External links *Board of Veterans Appeals website. Category:United States Department of Veterans Affairs Category:Article I tribunals